Existing law, as amended by Proposition 35 as approved by the voters at the November 6, 2012, statewide general election, requires persons convicted of specified sex offenses, or attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense. The Legislature may amend Proposition 35 by a statute passed in each house by a majority vote.

This bill would add to the list of offenses requiring registration, the offense of rape in cases where the victim submits to an act of sexual intercourse under the belief that the person committing the act is someone known to the victim other than the accused and the offense of rape in cases where the act is accomplished against the victims will by threatening the use of the authority of a public official to incarcerate, arrest, or deport the victim or another. By imposing additional duties on local authorities, and by requiring additional persons to be registered as sex offenders, who, if they fail to do so commit a crime, this bill would create a state-mandated local program.

This bill would incorporate additional changes to Section 290 of the Penal Code proposed by SB 384 to be operative only if this bill and SB 384 are enacted and this bill is enacted last.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, as amended by Proposition 35 as approved by the voters at the November 6, 2012, statewide general election, requires persons convicted of specified sex offenses, or attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense. The Legislature may amend Proposition 35 by a statute passed in each house by a majority vote.

This bill would add to the list of offenses requiring registration, the offense of rape in cases where the victim submits to an act of sexual intercourse under the belief that the person committing the act is someone known to the victim other than the accused and the offense of rape in cases where the act is accomplished against the victims will by threatening the use of the authority of a public official to incarcerate, arrest, or deport the victim or another. By imposing additional duties on local authorities, and by requiring additional persons to be registered as sex offenders, who, if they fail to do so commit a crime, this bill would create a state-mandated local program.

This bill would incorporate additional changes to Section 290 of the Penal Code proposed by SB 384 to be operative only if this bill and SB 384 are enacted and this bill is enacted last.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, as amended by Proposition 35 as approved by the voters at the November 6, 2012, statewide general election, requires persons convicted of specified sex offenses, or attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense. The Legislature may amend Proposition 35 by a statute passed in each house by a majority vote.

This bill would add to the list of offenses requiring registration, the offense of rape in cases where the victim submits to an act of sexual intercourse under the belief that the person committing the act is someone known to the victim other than the accused and the offense of rape in cases where the act is accomplished against the victims will by threatening the use of the authority of a public official to incarcerate, arrest, or deport the victim or another. By imposing additional duties on local authorities, and by requiring additional persons to be registered as sex offenders, who, if they fail to do so commit a crime, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, as amended by Proposition 35 as approved by the voters at the November 6, 2012, statewide general election, requires persons convicted of specified sex offenses, or attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense. The Legislature may amend Proposition 35 by a statute passed in each house by a majority vote.

This bill would add to the list of offenses requiring registration, the offense of rape in cases where the victim submits to an act of sexual intercourse under the belief that the person committing the act is someone known to the victim other than the accused and the offense of rape in cases where the act is accomplished against the victims will by threatening the use of the authority of a public official to incarcerate, arrest, or deport the victim or another. By imposing additional duties on local authorities, and by requiring additional persons to be registered as sex offenders, who, if they fail to do so commit a crime, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 484

Author:(Cunningham)

As Amended Ver:September 8, 2017

Majority vote

Original Committee Reference: PUB. S.

SUMMARY: Adds rape by fraud and rape by authority of a public official to the list of offenses that require lifetime registration as a sex offender.

The Senate amendments double join this bill with SB 384 (Wiener) of the current legislative session, to avoid chaptering out issues.

EXISTING LAW:

1. Requires persons convicted of specified sex offenses to register for life, or reregister if the person has been previously registered, upon release from incarceration, placement, commitment, or release on probation. States that the registration shall consist of all of the following:
   1. A statement signed in writing by the person, giving information as shall be required by the Department of Justice (DOJ) and giving the name and address of the person's employer, and the address of the person's place of employment, if different from the employer's main address;
   2. Fingerprints and a current photograph taken by the registering official;
   3. The license plate number of any vehicle owned by, regularly driven by or registered in the name of the registrant;
   4. Notice to the person that he or she may have a duty to register in any other state where he or she may relocate; and,
   5. Copies of adequate proof of residence, such as a California driver's license or identification card, recent rent or utility receipt or any other information that the registering official believes is reliable.
2. States every person who is required to register, as specified, who is living as a transient shall be required to register for the rest of his or her life as follows:
   1. He or she shall register, or reregister if the person has previously registered, within five working days from release from incarceration, placement or commitment, or release on probation, pursuant to Penal Code Section 290(b), except that if the person previously registered as a transient less than 30 days from the date of his or her release from incarceration, he or she does not need to reregister as a transient until his or her next required 30-day update of registration. If a transient is not physically present in any one jurisdiction for five consecutive working days, he or she shall register in the jurisdiction in which he or she is physically present on the fifth working day following release, as specified. Beginning on or before the 30th day following initial registration upon release, a transient shall reregister no less than once every 30 days thereafter. A transient shall register with the chief of police of the city in which he or she is physically present within that 30-day period, or the sheriff of the county if he or she is physically present in an unincorporated area or city that has no police department, and additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is physically present upon the campus or in any of its facilities. A transient shall reregister no less than once every 30 days regardless of the length of time he or she has been physically present in the particular jurisdiction in which he or she reregisters. If a transient fails to reregister within any 30-day period, he or she may be prosecuted in any jurisdiction in which he or she is physically present.
   2. A transient who moves to a residence shall have five working days within which to register at that address, in accordance with Penal Code Section 290(b). A person registered at a residence address in accordance with that provision who becomes transient shall have five working days within which to reregister as a transient in accordance with existing law.
   3. Beginning on his or her first birthday following registration, a transient shall register annually, within five working days of his or her birthday, to update his or her registration with the entities described in existing law. A transient shall register in whichever jurisdiction he or she is physically present on that date. At the 30-day updates and the annual update, a transient shall provide current information as required on the DOJ annual update form, including the information.
   4. A transient shall, upon registration and re-registration, provide current information as required on the DOJ registration forms, and shall also list the places where he or she sleeps, eats, works, frequents, and engages in leisure activities. If a transient changes or adds to the places listed on the form during the 30-day period, he or she does not need to report the new place or places until the next required re-registration.
3. Provides that willful violation of any part of the registration requirements constitutes a misdemeanor if the offense requiring registration was a misdemeanor, and constitutes a felony of the offense requiring registration was a felony or if the person has a prior conviction of failing to register.
4. Provides that within three days thereafter, the registering law enforcement agency or agencies shall forward the statement, fingerprints, photograph, and vehicle license plate number, if any, to the DOJ.
5. States that a misdemeanor failure to register shall be punishable by imprisonment in a county jail not exceeding one year, and a felony failure to register shall be punishable in the state prison for 16 months, two or three years.
6. Provides that the DOJ shall make available information concerning persons who are required to register as a sex offender to the public via an internet website. The DOJ shall update the website on an ongoing basis. Victim information shall be excluded from the Internet Web site. The information provided on the Internet Web site is dependent upon what offenses the person has been convicted of, but generally includes identifying information and a photograph of the registrant.
7. Generally prevents the use of the information on the Internet Web site from being used in relation to the following areas:
   1. Health insurance;
   2. Insurance;
   3. Loans;
   4. Credit;
   5. Employment;
   6. Education, scholarships, or fellowships;
   7. Housing or accommodations; and
   8. Benefits, privileges, or services provided by any business establishment.
8. Provides that rape by fraud is when a person submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief.
9. Provides that rape by authority of a public official is accomplished when the act is committed against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, "public official" means "a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official."

AS PASSED BY THE ASSEMBLY, this bill added rape by fraud and rape by authority of a public official to the list of offenses that require lifetime registration as a sex offender.

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. Potential increase in state costs (General Fund) for new commitments to state prison for the willful failure to register that otherwise would not have been happened absent the registration requirement in this bill. To the extent that the provisions of this measure lead to even one additional commitment to state prison, it would result in additional General Fund costs of $75,560 annually to house that person in a state institution.
2. Minor and absorbable costs to the Department of Justice to process registration of the affected persons onto the Sex Offender Registry.
3. Minor potentially-reimbursable costs (General Fund/local funds) to local law enforcement agencies to process registration information on an intermittent basis as required by existing law.

COMMENTS: According to the author, "AB 484 would require registration in CA Sex and Arson Registry if found guilty of the following two crimes: (1) where a person submits to an act of sexual intercourse under the belief that the person committing the act is someone known to the victim other than the accused. And (2) the offense of rape is accomplished against the victim's will by threatening use of the authority of a public official to incarcerate or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. This legislation would send a strong message that California does not tolerate rape of any form and those convicted of the above crimes must register as offenders. Registering offenders who use deceit and political status as a means to prey on innocent victims is a common-sense proposal and we must work together to safeguard the lives of families in our communities. We need to be proactive in protecting potential victims."

Analysis Prepared by: Cheryl Anderson / PUB. S. / (916) 319-3744 FN: 0002253

 THIRD READING  

Bill No: AB 484

Author:

Amended: in Senate

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/13/17

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

SENATE APPROPRIATIONS COMMITTEE: 6-1, 9/1/17

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen

NOES: Wiener

ASSEMBLY FLOOR: 74-1, 5/4/17 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill adds rape by fraud and rape by authority of a public official to the list of offenses that require lifetime registration as a sex offender.

Senate Floor Amendments of 9/8/17 are double-jointing amendments to address possible chaptering issues between this bill and SB 384 (Wiener).

ANALYSIS:

Existing law:

1. Requires persons convicted of specified sex offenses to register for life, or reregister if the person has been previously registered, upon release from incarceration, placement, commitment, or release on probation. States that the registration shall consist of all of the following (Penal Code § 290.015 (a).):
   
2. A statement signed in writing by the person, giving information as shall be required by the Department of Justice (DOJ) and giving the name and address of the person's employer, and the address of the person's place of employment, if different from the employer's main address;
3. Fingerprints and a current photograph taken by the registering official;
4. The license plate number of any vehicle owned by, regularly driven by or registered in the name of the registrant;
5. Notice to the person that he or she may have a duty to register in any other state where he or she may relocate; and,
6. Copies of adequate proof of residence, such as a California driver's license or identification card, recent rent or utility receipt or any other information that the registering official believes is reliable.
7. States every person who is required to register, as specified, who is living as a transient shall be required to register for the rest of his or her life as follows:
8. He or she shall register, or reregister if the person has previously registered, within five working days from release from incarceration, placement or commitment, or release on probation, pursuant to Penal Code Section 290(b), except that if the person previously registered as a transient less than 30 days from the date of his or her release from incarceration, he or she does not need to reregister as a transient until his or her next required 30-day update of registration. If a transient is not physically present in any one jurisdiction for five consecutive working days, he or she shall register in the jurisdiction in which he or she is physically present on the fifth working day following release, as specified. Beginning on or before the 30th day following initial registration upon release, a transient shall reregister no less than once every 30 days thereafter. A transient shall register with the chief of police of the city in which he or she is physically present within that 30-day period, or the sheriff of the county if he or she is physically present in an unincorporated area or city that has no police department, and additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is physically present upon the campus or in any of its facilities. A transient shall reregister no less than once every 30 days regardless of the length of time he or she has been physically present in the particular jurisdiction in which he or she reregisters. If a transient fails to reregister within any 30-day period, he or she may be prosecuted in any jurisdiction in which he or she is physically present.
9. A transient who moves to a residence shall have five working days within which to register at that address, in accordance with Penal Code Section 290(b). A person registered at a residence address in accordance with that provision who becomes transient shall have five working days within which to reregister as a transient in accordance with existing law.
10. Beginning on his or her first birthday following registration, a transient shall register annually, within five working days of his or her birthday, to update his or her registration with the entities described in existing law. A transient shall register in whichever jurisdiction he or she is physically present on that date. At the 30-day updates and the annual update, a transient shall provide current information as required on the DOJ annual update form, including the information.
11. A transient shall, upon registration and re-registration, provide current information as required on the DOJ registration forms, and shall also list the places where he or she sleeps, eats, works, frequents, and engages in leisure activities. If a transient changes or adds to the places listed on the form during the 30-day period, he or she does not need to report the new place or places until the next required re-registration. (Penal Code § 290.011 (a) to (d).)
    
12. Provides that willful violation of any part of the registration requirements constitutes a misdemeanor if the offense requiring registration was a misdemeanor, and constitutes a felony of the offense requiring registration was a felony or if the person has a prior conviction of failing to register. (Penal Code § 290.018 (a)&(b).)
    
13. Provides that within three days thereafter, the registering law enforcement agency or agencies shall forward the statement, fingerprints, photograph, and vehicle license plate number, if any, to the DOJ. (Penal Code § 290.015 (b).)
14. States that a misdemeanor failure to register shall be punishable by imprisonment in a county jail not exceeding one year, and a felony failure to register shall be punishable in the state prison for 16 months, two or three years. (Penal Code § 290.018 (a)&(b).)
    
15. Provides that the DOJ shall make available information concerning persons who are required to register as a sex offender to the public via an Internet Web site. The DOJ shall update the Web site on an ongoing basis. Victim information shall be excluded from the Web site. (Penal Code § 290.46.) The information provided on the Web site is dependent upon what offenses the person has been convicted of, but generally includes identifying information and a photograph of the registrant.
    
16. Prevents, generally, the use of the information on the Web site from being used in relation to the following areas: (Penal Code § 290.46 (l)(2).)
17. Health insurance;
18. Insurance;
19. Loans;
20. Credit;
21. Employment;
22. Education, scholarships, or fellowships;
23. Housing or accommodations; and
24. Benefits, privileges, or services provided by any business establishment.
    
25. Provides that rape by fraud is when a person submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief. (Penal Code § 261 (a)(5).)
    
26. Provides that rape by authority of a public official is accomplished when the act is committed against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, "public official" means “a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.” (Penal Code § 261 (a)(7).)

This bill adds to the list of offenses requiring registration to include rape when the person submits under the belief that the person committing the act is someone known to the victim, other than the accused or rape by the use of authority of a public official to incarcerate arrest or deport the victim.

Background

Under existing law, a person is required to register as a sex offender when convicted of most types of rape. This bill adds rape when the person believes the perpetrator is someone else and rape under color of authority to the other types of rape for which a person must register. These are similar to the offenses for which registration is already required, but were not added to the registration sections at the time they were added to the statute.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Potential increase in state costs (General Fund) for new commitments to state prison for the willful failure to register that otherwise would not have been happened absent the registration requirement in this bill. To the extent that the provisions of this bill lead to even one additional commitment to state prison, it would result in additional General Fund costs of $75,560 annually to house that person in a state institution.
• Minor and absorbable costs to DOJ to process registration of the affected persons onto the Sex Offender Registry.
• Minor potentially-reimbursable costs (General Fund/local funds) to local law enforcement agencies to process registration information on an intermittent basis as required by existing law.

SUPPORT: (Verified 9/8/17)

California District Attorneys Association

California Peace Officers’ Association

California Police Chiefs Association

California State Sheriffs’ Association

Crime Victims Action Alliance

Crime Victims United of California

Peace Officers Research Association of California

San Diego County Sheriff’s Department

OPPOSITION: (Verified 9/8/17)

California Attorneys for Criminal Justice

ASSEMBLY FLOOR: 74-1, 5/4/17

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NOES: Quirk

NO VOTE RECORDED: Travis Allen, Bigelow, Cristina Garcia, Patterson, Ridley-Thomas

Prepared by: Mary Kennedy / PUB. S. /

9/9/17 16:08:10

**** END ****

 THIRD READING  

Bill No: AB 484

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/13/17

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

SENATE APPROPRIATIONS COMMITTEE: 6-1, 9/1/17

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen

NOES: Wiener

ASSEMBLY FLOOR: 74-1, 5/4/17 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill adds rape by fraud and rape by authority of a public official to the list of offenses that require lifetime registration as a sex offender.

ANALYSIS:

Existing law:

1. Requires persons convicted of specified sex offenses to register for life, or reregister if the person has been previously registered, upon release from incarceration, placement, commitment, or release on probation. States that the registration shall consist of all of the following (Penal Code § 290.015 (a).):
   
2. A statement signed in writing by the person, giving information as shall be required by the Department of Justice (DOJ) and giving the name and address of the person's employer, and the address of the person's place of employment, if different from the employer's main address;
3. Fingerprints and a current photograph taken by the registering official;
4. The license plate number of any vehicle owned by, regularly driven by or registered in the name of the registrant;
5. Notice to the person that he or she may have a duty to register in any other state where he or she may relocate; and,
6. Copies of adequate proof of residence, such as a California driver's license or identification card, recent rent or utility receipt or any other information that the registering official believes is reliable.
7. States every person who is required to register, as specified, who is living as a transient shall be required to register for the rest of his or her life as follows:
8. He or she shall register, or reregister if the person has previously registered, within five working days from release from incarceration, placement or commitment, or release on probation, pursuant to Penal Code Section 290(b), except that if the person previously registered as a transient less than 30 days from the date of his or her release from incarceration, he or she does not need to reregister as a transient until his or her next required 30-day update of registration. If a transient is not physically present in any one jurisdiction for five consecutive working days, he or she shall register in the jurisdiction in which he or she is physically present on the fifth working day following release, as specified. Beginning on or before the 30th day following initial registration upon release, a transient shall reregister no less than once every 30 days thereafter. A transient shall register with the chief of police of the city in which he or she is physically present within that 30-day period, or the sheriff of the county if he or she is physically present in an unincorporated area or city that has no police department, and additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is physically present upon the campus or in any of its facilities. A transient shall reregister no less than once every 30 days regardless of the length of time he or she has been physically present in the particular jurisdiction in which he or she reregisters. If a transient fails to reregister within any 30-day period, he or she may be prosecuted in any jurisdiction in which he or she is physically present.
9. A transient who moves to a residence shall have five working days within which to register at that address, in accordance with Penal Code Section 290(b). A person registered at a residence address in accordance with that provision who becomes transient shall have five working days within which to reregister as a transient in accordance with existing law.
10. Beginning on his or her first birthday following registration, a transient shall register annually, within five working days of his or her birthday, to update his or her registration with the entities described in existing law. A transient shall register in whichever jurisdiction he or she is physically present on that date. At the 30-day updates and the annual update, a transient shall provide current information as required on the DOJ annual update form, including the information.
11. A transient shall, upon registration and re-registration, provide current information as required on the DOJ registration forms, and shall also list the places where he or she sleeps, eats, works, frequents, and engages in leisure activities. If a transient changes or adds to the places listed on the form during the 30-day period, he or she does not need to report the new place or places until the next required re-registration. (Penal Code § 290.011 (a) to (d).)
    
12. Provides that willful violation of any part of the registration requirements constitutes a misdemeanor if the offense requiring registration was a misdemeanor, and constitutes a felony of the offense requiring registration was a felony or if the person has a prior conviction of failing to register. (Penal Code § 290.018 (a)&(b).)
    
13. Provides that within three days thereafter, the registering law enforcement agency or agencies shall forward the statement, fingerprints, photograph, and vehicle license plate number, if any, to the DOJ. (Penal Code § 290.015 (b).)
14. States that a misdemeanor failure to register shall be punishable by imprisonment in a county jail not exceeding one year, and a felony failure to register shall be punishable in the state prison for 16 months, two or three years. (Penal Code § 290.018 (a)&(b).)
    
15. Provides that the DOJ shall make available information concerning persons who are required to register as a sex offender to the public via an Internet Web site. The DOJ shall update the Web site on an ongoing basis. Victim information shall be excluded from the Web site. (Penal Code § 290.46.) The information provided on the Web site is dependent upon what offenses the person has been convicted of, but generally includes identifying information and a photograph of the registrant.
    
16. Prevents, generally, the use of the information on the Web site from being used in relation to the following areas: (Penal Code § 290.46 (l)(2).)
17. Health insurance;
18. Insurance;
19. Loans;
20. Credit;
21. Employment;
22. Education, scholarships, or fellowships;
23. Housing or accommodations; and
24. Benefits, privileges, or services provided by any business establishment.
    
25. Provides that rape by fraud is when a person submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief. (Penal Code § 261 (a)(5).)
    
26. Provides that rape by authority of a public official is accomplished when the act is committed against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, "public official" means “a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.” (Penal Code § 261 (a)(7).)

This bill adds to the list of offenses requiring registration to include rape when the person submits under the belief that the person committing the act is someone known to the victim, other than the accused or rape by the use of authority of a public official to incarcerate arrest or deport the victim.

Background

Under existing law, a person is required to register as a sex offender when convicted of most types of rape. This bill adds rape when the person believes the perpetrator is someone else and rape under color of authority to the other types of rape for which a person must register. These are similar to the offenses for which registration is already required, but were not added to the registration sections at the time they were added to the statute.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Potential increase in state costs (General Fund) for new commitments to state prison for the willful failure to register that otherwise would not have been happened absent the registration requirement in this bill. To the extent that the provisions of this bill lead to even one additional commitment to state prison, it would result in additional General Fund costs of $75,560 annually to house that person in a state institution.
• Minor and absorbable costs to DOJ to process registration of the affected persons onto the Sex Offender Registry.
• Minor potentially-reimbursable costs (General Fund/local funds) to local law enforcement agencies to process registration information on an intermittent basis as required by existing law.

SUPPORT: (Verified 9/1/17)

California District Attorneys Association

California Peace Officers’ Association

California Police Chiefs Association

California State Sheriffs’ Association

Crime Victims Action Alliance

Crime Victims United of California

Peace Officers Research Association of California

San Diego County Sheriff’s Department

OPPOSITION: (Verified 9/1/17)

California Attorneys for Criminal Justice

ASSEMBLY FLOOR: 74-1, 5/4/17

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NOES: Quirk

NO VOTE RECORDED: Travis Allen, Bigelow, Cristina Garcia, Patterson, Ridley-Thomas

Prepared by:

9/4/17 12:19:14

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 484 (Cunningham) - Sex offenses: registration

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 484 would require a person convicted of rape by fraud or rape by authority of a public official to register as a sex offender.

Fiscal Impact:

• Potential increase in state costs (General Fund) for new commitments to state prison for the willful failure to register that otherwise would not have been happened absent the registration requirement in this bill. To the extent that the provisions of this measure lead to even one additional commitment to state prison, it would result in additional General Fund costs of $75,560 annually to house that person in a state institution.
• Minor and absorbable costs to the Department of Justice to process registration of the affected persons onto the Sex Offender Registry.
• Minor potentially-reimbursable costs (General Fund/local funds) to local law enforcement agencies to process registration information on an intermittent basis as required by existing law.

Background:

Existing law requires persons convicted of specified sex offenses, or attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. The crimes of rape specifically affected by this bill are felony offenses. Willful failure to register, as required because of a felony conviction, is itself a felony offense punishable by imprisonment in state prison for 16 months, two years, or three years.

Proposed Law:

This bill would:

• Require registration of persons convicted of rape in cases where the victim submits to an act of sexual intercourse under the belief that the person committing the act is someone known to the victim other than the accused.
• Require registration of persons convicted of rape in cases where the act is accomplished against the victim’s will by threatening the use of the authority of a public official to incarcerate, arrest, or deport the victim or another.

Related Legislation:

AB 558 (Quirk-Silva, 2017) would eliminate exemptions to the requirement that a sex offender's information be made available via the Megan's Law website. AB 558 is pending in the Senate Committee on Public Safety.

SB 421 (Weiner, 2017) would reform California’s sex offender registry into a three-tiered registry. SB 421 is pending in the Assembly Committee on Public Safety.

Staff Comments:

This measure would require those individuals convicted of rape by fraud or rape by authority of a public official to register as a sex offender. In 2016, there were eight convictions of rape by fraud and one conviction of rape by authority of a public official. Both of these crimes are felony offenses. Consequently, the willful failure to register for these crimes is itself a felony punishable by imprisonment in state prison. While the fiscal impact of this bill cannot be known with certainty, as the actual impact will be dependent on numerous factors, including, but not limited to, judicial and prosecutorial discretion, the criminal history of a defendant, and the factors unique to each case, this measure could result in increased state incarceration costs to the extent that the new registration requirements result in the conviction of a person willfully failing to register.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: AB 484 Hearing Date: June 13, 2017

Subject: Sex Offenses: Registration

HISTORY

Source: Author

Prior Legislation: AB 65 (Achadjian) Chapter 259, Stats. 2013

SB 59 (Evans) Chapter 282, Stats. 2013

SB 765 (Achadjian) 2011, held in Senate Public Safety

SB 1421 (Romero) Chapter 302, Stats. 2002

Support: California District Attorneys Association; California Peace Officers’ Association; California Police Chiefs Association; California State Sheriffs’ Association; Crime Victims United of California; Peace Officers Research Association of California; San Diego County Sheriff’s Department

Opposition: California Attorneys for Criminal Justice

Assembly Floor Vote: 74 - 1

PURPOSE

The purpose of this bill is to add rape by fraud and rape by authority of a public official to the list of offenses that require lifetime registration as a sex offender.

Existing law requires persons convicted of specified sex offenses to register for life, or reregister if the person has been previously registered, upon release from incarceration, placement, commitment, or release on probation. States that the registration shall consist of all of the following (Penal Code § 290.015 (a).):

• A statement signed in writing by the person, giving information as shall be required by DOJ and giving the name and address of the person's employer, and the address of the person's place of employment, if different from the employer's main address;
• Fingerprints and a current photograph taken by the registering official;
• The license plate number of any vehicle owned by, regularly driven by or registered in the name of the registrant;
• Notice to the person that he or she may have a duty to register in any other state where he or she may relocate; and,
• Copies of adequate proof of residence, such as a California driver's license or identification card, recent rent or utility receipt or any other information that the registering official believes is reliable.

Existing law states every person who is required to register, as specified, who is living as a transient shall be required to register for the rest of his or her life as follows:

• He or she shall register, or reregister if the person has previously registered, within five working days from release from incarceration, placement or commitment, or release on probation, pursuant to Penal Code Section 290(b), except that if the person previously registered as a transient less than 30 days from the date of his or her release from incarceration, he or she does not need to reregister as a transient until his or her next required 30-day update of registration. If a transient is not physically present in any one jurisdiction for five consecutive working days, he or she shall register in the jurisdiction in which he or she is physically present on the fifth working day following release, as specified. Beginning on or before the 30th day following initial registration upon release, a transient shall reregister no less than once every 30 days thereafter. A transient shall register with the chief of police of the city in which he or she is physically present within that 30-day period, or the sheriff of the county if he or she is physically present in an unincorporated area or city that has no police department, and additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is physically present upon the campus or in any of its facilities. A transient shall reregister no less than once every 30 days regardless of the length of time he or she has been physically present in the particular jurisdiction in which he or she reregisters. If a transient fails to reregister within any 30-day period, he or she may be prosecuted in any jurisdiction in which he or she is physically present.
• A transient who moves to a residence shall have five working days within which to register at that address, in accordance with Penal Code Section 290(b). A person registered at a residence address in accordance with that provision who becomes transient shall have five working days within which to reregister as a transient in accordance with existing law.
• Beginning on his or her first birthday following registration, a transient shall register annually, within five working days of his or her birthday, to update his or her registration with the entities described in existing law. A transient shall register in whichever jurisdiction he or she is physically present on that date. At the 30-day updates and the annual update, a transient shall provide current information as required on the DOJ annual update form, including the information.
• A transient shall, upon registration and re-registration, provide current information as required on the DOJ registration forms, and shall also list the places where he or she sleeps, eats, works, frequents, and engages in leisure activities. If a transient changes or adds to the places listed on the form during the 30-day period, he or she does not need to report the new place or places until the next required re-registration. (Penal Code § 290.011 (a) to (d).)
  

Existing law provides that willful violation of any part of the registration requirements constitutes a misdemeanor if the offense requiring registration was a misdemeanor, and constitutes a felony of the offense requiring registration was a felony or if the person has a prior conviction of failing to register. (Penal Code § 290.018 (a)&(b).)

Existing law provides that within three days thereafter, the registering law enforcement agency or agencies shall forward the statement, fingerprints, photograph, and vehicle license plate number, if any, to the DOJ. (Penal Code § 290.015 (b).)

Existing law states that a misdemeanor failure to register shall be punishable by imprisonment in a county jail not exceeding one year, and a felony failure to register shall be punishable in the state prison for 16 months, two or three years. (Penal Code § 290.018 (a)&(b).)

Existing law provides that the DOJ shall make available information concerning persons who are required to register as a sex offender to the public via an internet website. The DOJ shall update the website on an ongoing basis. Victim information shall be excluded from the website. (Penal Code § 290.46.) The information provided on the website is dependent upon what offenses the person has been convicted of, but generally includes identifying information and a photograph of the registrant.

Existing law generally prevents the use of the information on the website from being used in relation to the following areas: (Penal Code § 290.46 (l)(2).)

• Health insurance;
• Insurance;
• Loans;
• Credit;
• Employment;
• Education, scholarships, or fellowships;
• Housing or accommodations; and
• Benefits, privileges, or services provided by any business establishment.
  

Existing law provides that rape by fraud is when a person submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief. (Penal Code § 261 (a)(5).)

Existing law provides that rape by authority of a public official is accomplished when the act is committed against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, "public official" means “a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.” (Penal Code § 261 (a)(7).)

This bill adds to the list off offenses requiring registration to include rape when the person submits under the belief that the person committing the act is someone known to the victim, other than the accused or rape by the use of authority of a public official to incarcerate arrest or deport the victim.

COMMENTS

1. Need for This Bill

According to the author:

AB 484 would require registration in CA Sex and Arson Registry if found guilty of the following two crimes: (1) where a person submits to an act of sexual intercourse under the belief that the person committing the act is someone known to the victim other than the accused. And (2) the offense of rape is accomplished against the victim’s will by threatening use of the authority of a public official to incarcerate or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. This legislation would send a strong message that California does not tolerate rape of any form and those convicted of the above crimes must register as offenders. Registering offenders who use deceit and political status as a means to prey on innocent victims is a common-sense proposal and we must work together to safeguard the lives of families in our communities. We need to be proactive in protecting potential victims.

2. Addition of 2 forms of Rape

Under existing law, a person is required to register as a sex offender when convicted of most types of rape. This bill would add rape when the person believes the perpetrator is someone else and rape under color of authority to the other types of rape for which a person must register. These are similar to the offenses for which registration is already required, but were not added to the registration sections at the time they were added to the statute.

-- END –

ASSEMBLY THIRD READING

ATR Bill Id:AB 484

Author:(Cunningham)

As Introduced Ver:February 13, 2017

Majority vote

SUMMARY: Adds rape by fraud and rape by authority of a public official to the list of offenses that require lifetime registration as a sex offender.

EXISTING LAW:

1. Requires persons convicted of specified sex offenses to register for life, or reregister if the person has been previously registered, upon release from incarceration, placement, commitment, or release on probation. States that the registration shall consist of all of the following:
   1. A statement signed in writing by the person, giving information as shall be required by the Department of Justice (DOJ) and giving the name and address of the person's employer, and the address of the person's place of employment, if different from the employer's main address;
   2. Fingerprints and a current photograph taken by the registering official;
   3. The license plate number of any vehicle owned by, regularly driven by or registered in the name of the registrant;
   4. Notice to the person that he or she may have a duty to register in any other state where he or she may relocate; and,
   5. Copies of adequate proof of residence, such as a California driver's license or identification card, recent rent or utility receipt or any other information that the registering official believes is reliable.
2. States every person who is required to register, as specified, who is living as a transient shall be required to register for the rest of his or her life as follows:
   1. He or she shall register, or reregister if the person has previously registered, within five working days from release from incarceration, placement or commitment, or release on probation, pursuant to Penal Code Section 290(b), except that if the person previously registered as a transient less than 30 days from the date of his or her release from incarceration, he or she does not need to reregister as a transient until his or her next required 30-day update of registration. If a transient is not physically present in any one jurisdiction for five consecutive working days, he or she shall register in the jurisdiction in which he or she is physically present on the fifth working day following release, as specified. Beginning on or before the 30th day following initial registration upon release, a transient shall reregister no less than once every 30 days thereafter. A transient shall register with the chief of police of the city in which he or she is physically present within that 30-day period, or the sheriff of the county if he or she is physically present in an unincorporated area or city that has no police department, and additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is physically present upon the campus or in any of its facilities. A transient shall reregister no less than once every 30 days regardless of the length of time he or she has been physically present in the particular jurisdiction in which he or she reregisters. If a transient fails to reregister within any 30-day period, he or she may be prosecuted in any jurisdiction in which he or she is physically present.
   2. A transient who moves to a residence shall have five working days within which to register at that address, in accordance with Penal Code Section 290(b). A person registered at a residence address in accordance with that provision who becomes transient shall have five working days within which to reregister as a transient in accordance with existing law.
   3. Beginning on his or her first birthday following registration, a transient shall register annually, within five working days of his or her birthday, to update his or her registration with the entities described in existing law. A transient shall register in whichever jurisdiction he or she is physically present on that date. At the 30-day updates and the annual update, a transient shall provide current information as required on the DOJ annual update form, including the information.
   4. A transient shall, upon registration and re-registration, provide current information as required on the DOJ registration forms, and shall also list the places where he or she sleeps, eats, works, frequents, and engages in leisure activities. If a transient changes or adds to the places listed on the form during the 30-day period, he or she does not need to report the new place or places until the next required re-registration.
3. Provides that willful violation of any part of the registration requirements constitutes a misdemeanor if the offense requiring registration was a misdemeanor, and constitutes a felony of the offense requiring registration was a felony or if the person has a prior conviction of failing to register.
4. Provides that within three days thereafter, the registering law enforcement agency or agencies shall forward the statement, fingerprints, photograph, and vehicle license plate number, if any, to the DOJ.
5. States that a misdemeanor failure to register shall be punishable by imprisonment in a county jail not exceeding one year, and a felony failure to register shall be punishable in the state prison for 16 months, two or three years.
6. Provides that the DOJ shall make available information concerning persons who are required to register as a sex offender to the public via an internet website. The DOJ shall update the website on an ongoing basis. Victim information shall be excluded from the website. The information provided on the website is dependent upon what offenses the person has been convicted of, but generally includes identifying information and a photograph of the registrant.
7. Generally prevents the use of the information on the Web site from being used in relation to the following areas:
   1. Health insurance;
   2. Insurance;
   3. Loans;
   4. Credit;
   5. Employment;
   6. Education, scholarships, or fellowships;
   7. Housing or accommodations; and
   8. Benefits, privileges, or services provided by any business establishment.
8. Provides that rape by fraud is when a person submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief.
9. Provides that rape by authority of a public official is accomplished when the act is committed against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, "public official" means "a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official."

FISCAL EFFECT: According to the Assembly Appropriations Committee, moderate nonreimbursable local costs for incarceration and enforcement, offset to a degree by fine revenue.

COMMENTS: According to the author, "AB 484 would require registration in CA Sex and Arson Registry if found guilty of the following two crimes: (1) where a person submits to an act of sexual intercourse under the belief that the person committing the act is someone known to the victim other than the accused. And (2) the offense of rape is accomplished against the victim's will by threatening use of the authority of a public official to incarcerate or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. This legislation would send a strong message that California does not tolerate rape of any form and those convicted of the above crimes must register as offenders. Registering offenders who use deceit and political status as a means to prey on innocent victims is a common-sense proposal and we must work together to safeguard the lives of families in our communities. We need to be proactive in protecting potential victims."

Analysis Prepared by: Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0000177

Date of Hearing: April 26, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 484

Author:(Cunningham) – As Introduced Ver:February 13, 2017

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill adds the following two sex crimes to the list of offenses that require lifetime registration as a sex offender:

1. The offense of rape where a person submits to an act of sexual intercourse under the belief that the person committing the act is someone known to the victim other than the accused; and
2. The offense of rape accomplished against the victim’s will by threatening the use of the authority of a public official to incarcerate or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official.

FISCAL EFFECT:

Moderate nonreimbursable local costs for incarceration and enforcement, offset to a degree by fine revenue.

COMMENTS:

1. Background and Purpose. Under current law, persons convicted of specified sex offenses are required to register as sex offenders for life, or reregister if the person has been previously registered, upon release from incarceration, placement, commitment, or release on probation.

According to the author, "Registering offenders who use deceit and political status as a means to prey on innocent victims is a common-sense proposal and we must work together to safeguard the lives of families in our communities. We need to be proactive in protecting potential victims."

1. Support. According to the California Police Chiefs Association, "By requiring individuals convicted of the aforementioned crimes to register as a sex offender, AB 484 ensures that our laws are appropriately responding to the growing and horrific circumstances surrounding sexual assault."
2. Opposition. The California Attorneys for Criminal Justice (CACJ) believes the extension proposed by this measure fails to consider shortcomings of existing law. CACJ is of the belief that any proposed changes to the registration requirements should occur within the context of the larger reform efforts, and California's laws need to be reworked to establish more appropriate categories of both offenses and offenders.
3. Related Legislation:
   

AB 558 (Quirk-Silva), eliminates exemptions to the requirement that a sex offender's information be made available via the Megan's Law Website. AB 558 was heard in Assembly Public Safety on April 18, 2017.

SB 695 (Lara), establishes a three-tiered sex offender registry in California. SB 695 was heard in the Senate Public Safety Committee on April 18, 2017.

Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081

Date of Hearing:

Counsel: Gabriel Caswell

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 484

Author:(Cunningham) – As Introduced Ver:February 13, 2017

SUMMARY:

Adds rape by fraud and rape by authority of a public official to the list of offenses that require lifetime registration as a sex offender.

EXISTING LAW:

1. Requires persons convicted of specified sex offenses to register for life, or reregister if the person has been previously registered, upon release from incarceration, placement, commitment, or release on probation. States that the registration shall consist of all of the following (Pen. Code, § 290.015, subd. (a).):
   
   1. A statement signed in writing by the person, giving information as shall be required by DOJ and giving the name and address of the person's employer, and the address of the person's place of employment, if different from the employer's main address;
      
   2. Fingerprints and a current photograph taken by the registering official;
      
   3. The license plate number of any vehicle owned by, regularly driven by or registered in the name of the registrant;
      
   4. Notice to the person that he or she may have a duty to register in any other state where he or she may relocate; and,
      
   5. Copies of adequate proof of residence, such as a California driver's license or identification card, recent rent or utility receipt or any other information that the registering official believes is reliable.
      
2. States every person who is required to register, as specified, who is living as a transient shall be required to register for the rest of his or her life as follows:
   
   1. He or she shall register, or reregister if the person has previously registered, within five working days from release from incarceration, placement or commitment, or release on probation, pursuant to Penal Code Section 290(b), except that if the person previously registered as a transient less than 30 days from the date of his or her release from incarceration, he or she does not need to reregister as a transient until his or her next required 30-day update of registration. If a transient is not physically present in any one jurisdiction for five consecutive working days, he or she shall register in the jurisdiction in which he or she is physically present on the fifth working day following release, as specified. Beginning on or before the 30th day following initial registration upon release, a transient shall reregister no less than once every 30 days thereafter. A transient shall register with the chief of police of the city in which he or she is physically present within that 30-day period, or the sheriff of the county if he or she is physically present in an unincorporated area or city that has no police department, and additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is physically present upon the campus or in any of its facilities. A transient shall reregister no less than once every 30 days regardless of the length of time he or she has been physically present in the particular jurisdiction in which he or she reregisters. If a transient fails to reregister within any 30-day period, he or she may be prosecuted in any jurisdiction in which he or she is physically present.
      
   2. A transient who moves to a residence shall have five working days within which to register at that address, in accordance with Penal Code Section 290(b). A person registered at a residence address in accordance with that provision who becomes transient shall have five working days within which to reregister as a transient in accordance with existing law.
      
   3. Beginning on his or her first birthday following registration, a transient shall register annually, within five working days of his or her birthday, to update his or her registration with the entities described in existing law. A transient shall register in whichever jurisdiction he or she is physically present on that date. At the 30-day updates and the annual update, a transient shall provide current information as required on the DOJ annual update form, including the information.
      
   4. A transient shall, upon registration and re-registration, provide current information as required on the DOJ registration forms, and shall also list the places where he or she sleeps, eats, works, frequents, and engages in leisure activities. If a transient changes or adds to the places listed on the form during the 30-day period, he or she does not need to report the new place or places until the next required re-registration. (Pen. Code, § 290.011, subds. (a) to (d).)
      
3. Provides that willful violation of any part of the registration requirements constitutes a misdemeanor if the offense requiring registration was a misdemeanor, and constitutes a felony of the offense requiring registration was a felony or if the person has a prior conviction of failing to register. (Pen. Code, § 290.018, subds. (a)&(b).)
   
4. Provides that within three days thereafter, the registering law enforcement agency or agencies shall forward the statement, fingerprints, photograph, and vehicle license plate number, if any, to the DOJ. (Pen. Code § 290.015, subd. (b).)
   
5. States that a misdemeanor failure to register shall be punishable by imprisonment in a county jail not exceeding one year, and a felony failure to register shall be punishable in the state prison for 16 months, two or three years. (Pen. Code, § 290.018, subds. (a)&(b).)
   
6. Provides that the DOJ shall make available information concerning persons who are required to register as a sex offender to the public via an internet website. The DOJ shall update the website on an ongoing basis. Victim information shall be excluded from the website. (Pen. Code § 290.46.) The information provided on the website is dependent upon what offenses the person has been convicted of, but generally includes identifying information and a photograph of the registrant.
   
7. Generally prevents the use of the information on the website from being used in relation to the following areas: (Pen. Code, § 290.46, subd. (l)(2).)
   
   1. Health insurance;
      
   2. Insurance;
      
   3. Loans;
      
   4. Credit;
      
   5. Employment;
      
   6. Education, scholarships, or fellowships;
      
   7. Housing or accommodations; and
      
   8. Benefits, privileges, or services provided by any business establishment.
      
8. Provides that rape by fraud is when a person submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief. (Pen. Code, § 261, subd. (a)(5).)
   
9. Provides that rape by authority of a public official is accomplished when the act is committed against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, "public official" means “a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.” (Pen. Code, § 261, subd. (a)(7).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "AB 484 would require registration in CA Sex and Arson Registry if found guilty of the following two crimes: (1) where a person submits to an act of sexual intercourse under the belief that the person committing the act is someone known to the victim other than the accused. And (2) the offense of rape is accomplished against the victim’s will by threatening use of the authority of a public official to incarcerate or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. This legislation would send a strong message that California does not tolerate rape of any form and those convicted of the above crimes must register as offenders. Registering offenders who use deceit and political status as a means to prey on innocent victims is a common-sense proposal and we must work together to safeguard the lives of families in our communities. We need to be proactive in protecting potential victims."
2. California's Sex Offender Management Board's Background: On September 20, 2006, Governor Arnold Schwarzenegger signed Assembly Bill 1015, which created the California Sex Offender Management Board. AB 1015 had been introduced by Assembly Members Judy Chu and Todd Spitzer and passed the California Legislature with nearly unanimous bipartisan support.
   
   Because California is the most populated state in the Union and has had lifetime registration for its convicted sex offenders since 1947, California has more registered sex offenders than any other state with about 88,000 identified sex offenders (per DOJ, August 2007). Currently, the California Department of Corrections and Rehabilitation (CDCR) supervises about 10,000 of those 88,000 sex offenders, of which about 3,200 have been designated as "high-risk sex offenders". (CDCR Housing Summit, March 2007). Additionally, there are about 22,500 adult sex offenders serving time in one of 32 state prisons operated by CDCR (California Sex Offender Management Task Force Report, July 2007).
   
   While it is commonly believed that most sexual assaults are committed by strangers, the research suggests that the overwhelming majority of sex offenders victimize people known to them; approximately 90% of child victims know their offenders, as do 80% of adult victims [per Kilpatrick, D.G., Edmunds, C.N., & Seymour, A.K. Rape in America: A Report to the Nation (1992). Arlington, VA: National Victim Center.]
   
3. Sex Offender Registration and the Megan's Law Website: According to a 2014 report by the California Sex Offender Management Board^[1], the intent of registration was to assist law enforcement in tracking and monitoring sex offenders since they were viewed as the group most likely to commit another sex offense. It was thought that having their names and addresses known to law enforcement and with the expansion of community notification also available to the public would dissuade them from committing a new offense, enable members of the public to exercise caution around them, enable law enforcement to monitor them and, if necessary, solve new sex offense cases more readily. Although research suggests that use of a registry may help law enforcement solve sex crimes against children involving strangers more quickly, United States DOJ statistics tell us that most crimes against children (about 93%) are committed not by a stranger but by a person known to the child and his or her family, usually an acquaintance or family member.

Since 1947, earlier by far than any other state, California has required “universal lifetime” registration for persons convicted of most sex crimes. (Pen. Code, § 290.) Though every other state has instituted some form of registration since then, California is among only four states which require lifetime registration for every convicted sex offender, no matter the nature of the crime or the level of risk for reoffending. Almost all other states use some version of a “tiering” or “level” system which: 1. recognizes that not all sex offenders are the same, 2. provides meaningful distinctions between different types of offenders and 3. requires registration at varying levels and for various periods of time. There are nearly 100,000 registrants today in California, a number accumulated over the past 66 years since the Registry was created in 1947. In 2004 California began to provide pictures and other identifying information on the Megan’s Law website for about 80% of registrants. (www.meganslaw.ca.gov)

There are about 98,000 registered sex offenders on California’s registry. About 76,000 live in California communities and the other 22,000 are currently in custody. Of these offenders, 80% are posted on the state’s Megan’s Law web site with their full address or ZIP Code and other information, depending upon the offense they committed. About 20% are not posted or are excluded from posting on the web site by law, again depending on the conviction offense. Posting on the web site does not take into account years in the community without reoffending, the offender’s risk level for committing a new sexual or violent crime, or successful completion of treatment. About one-third of registered offenders are considered “moderate to high risk” while the remaining two-thirds are “moderate to low risk” or “low risk.” Local police departments and sheriff’s offices are charged with managing the registration process. Registered sex offenders must re-register annually on their birthdays as well as every time they have a change of address. Transient sex offenders re-register every 30 days and sexually violent predators every 90 days. Registration information collected by law enforcement is sent to the California Department of Justice (DOJ) and stored in the California Sex and Arson Registry. If an offender’s information is posted online and he fails to register or re-register on time, he will be shown as “in violation” on the Megan’s Law web site. When proof is provided by local law enforcement to DOJ of a registrant’s death, he or she is removed from the registry. Every ten years since the Registry was first established has been marked by a dramatic increase in the number of registrants.

As noted above, the original goal of registration was to assist law enforcement in tracking and monitoring sex offenders. Over time, registration was expanded to include community notification and also began to encompass a wider variety of crimes and behaviors. Due to these changes, research has focused on exploring the changes in sex 4 CASOMB “Tiering Background Paper” offender registration laws and this has resulted in a constantly growing body of research that has altered the perspective on sex offender registration. This research has made it clear that:

• The sexual recidivism rate of identified sex offenders is lower than the recidivism rate of individuals who have committed any other type of crime except for murder.
• Not all sex offenders are at equal risk to reoffend. Low risk offenders reoffend at low rates, high risk offenders at much higher rates.
• It is possible to use well-researched actuarial risk assessment instruments to assign offenders to groups according to risk level. (i.e. Low, Medium, High.)
• Risk of a new sex offense drops each year the offender remains offense-free in the community. Eventually, for many offenders, the risk becomes so low as to be meaningless and the identification of these individuals through a registry becomes unhelpful due to the sheer numbers on the registry. Research has identified differing time frames of decreased risk for the various categories of offenders (i.e. low, medium, high).
• Research on both general and sexual offenders has consistently indicated that focusing on higher risk offenders delivers the greatest return on efforts to reduce reoffending.
• Completing a properly designed and delivered specialized sex offender treatment program delivered within the context of effective supervision reduces recidivism risk even further. In California, all registered sex offenders on parole or probation are now required by state law to enter and complete such a program.
  

This bill would add more sex offenders to the registry, making the monitoring of the existing high-risk sex offenders more difficult.

1. The Current Sex Offender Registration System and has Become too Unwieldy to be Effective for Law Enforcement: Again, according to California's Sex Offender Management Board, there are a number of problems with the current system as a result of adding too many low-risk sex offenders. California’s system of lifetime registration for all convicted sex offenders has created a registry that is very large and that includes many individuals who do not necessarily pose a risk to the community. The consequences of these realities are that the registry has, in some ways, become counterproductive to improving public safety. When everyone is viewed as posing a significant risk, the ability for law enforcement and the community to differentiate between who is truly high risk and more likely to reoffend becomes impossible. There needs to be a way for all persons to distinguish between sex offenders who require increased monitoring, attention and resources and those who are unlikely to reoffend.

There are many unintended consequences and indirect costs associated with sex offender registration.

• Innocent families and children of offenders (including victims of intra-familial sexual abuse) also bear the consequences of lifetime registration since they can often be identified by the public. Adverse consequences also arise for employers, landlords, neighbors and others.
• There has been a proliferation of residence restrictions and exclusion zones for registered sex offenders in many jurisdictions in California. Violation of these can lead to criminal charges. The obstacles posed by registration status prevent many individuals from obtaining housing or employment and becoming functioning, contributing, tax-paying members of society.
• There is reason to believe that registration policies, especially lifetime registration, keep some victims, particularly family members of the offender, from disclosing the abuse because they wish to avoid the stigma that will impact their family and their own lives for a very long time.
• The presence nearby of one or more registered sex offenders can drive down property values in a neighborhood and make houses difficult to sell. If the current registration system was effective in the ways intended, these might be considered part of the price to pay for the greater good. But, since the current registry does not attain its intended purposes, many of these unintended consequences are without justification.

1. Argument in Support: According to the California Police Chiefs Association, "These rape crimes should be treated in an appropriate manner that reflects the severity of the crime. By requiring individuals convicted of the aforementioned crimes to register as a sex offenser, AB 484 ensures that our laws are appropriately responding to the growing and horrific circumstances surrounding sexual assault."
   
2. Argument in Opposition: According to the California Attorneys for Criminal Justice, "In the past few years, the California Sex Offender Management Board has spent considerable resources and recruited experts to conduct an extensive review of current law and its across the board application. The general findings have been that our laws are overly broad and inadequately group a wide variety of offenses together, placing an undue burden on law enforcement officials who must determine who to prioritize limited resources. CSOMB concluded that California's laws need to be reworked to establish more appropriate categories of both offenses and offenders.

"Unfortunately AB 484 goes in the opposite direction. The extension of proposed by this measure fails to consider the identified shortcomings of existing law. CACJ is of the belief that any proposed changes to the registration requirements should occur within the context of the larger reform efforts contemplated by SB 395 (Lara)."

1. Related Legislation:
   
   1. AB 558 (Quirk-Silva), eliminates exemptions to the requirement that a sex offender's information be made available via the Megan's Law Website. AB 558 is set for hearing in this committee today.
      
   2. SB 695 (Lara), establishes a three-tiered sex offender registry in California. SB 695 is set for hearing in the Senate Public Safety Committee on April 18, 2017.
      
2. Prior Legislation:
   
   1. AB 201 (Brough), of the 2015-2016 Legislative Session, would have eliminated the state preemption which prohibits a local agency from enacting local ordinances that restrict a sex offender from residing or being present in specific locations, and authorized local agencies to enact ordinances that are more restrictive than state law. AB 201 failed passage in this committee.
   2. AB 733 (Chavez), of the 2015-2016 Legislative Session, would have required sex offender registration, placement on the Megan's Law Website, and mandated a minimum $3,000 fine ($12,370 with penalties and assessments) for solicitation of a minor. AB 733 failed passage in this committee.
      
   3. AB 625 (Ammiano), of the 2011-2012 Legislative Session, would have established a three-tiered registration system for sex offenders for periods of 10 years, 20 years, or life. AB 625 failed passage on the Assembly floor.
      
   4. AB 996 (Donnelly), of the 2011-2012 Legislative session, would have specified changes to the law relating to persons required to register as sex offenders. AB 996 failed passage in this committee.
      

REGISTERED SUPPORT / OPPOSITION:

Support

California District Attorneys Association

California Police Chiefs Association

California State Sheriffs' Association

Crime Victims United of California

Peace Officers Research Association of California

Opposition

California Attorneys for Criminal Justice

Analysis Prepared by:

Gabriel Caswell / PUB. S. /

1. http://www.cce.csus.edu/portal/admin/handouts/Tiering%20Background%20Paper%20FINAL%20FINAL%204-2-14.pdf ↑